CHOK WAI KIN v 1. ) EHSAN DIGITAL IMAGING SERVICES SDN BHD (Dahulunya dikenali sebagai E-IMEJ DATA CEKAP SDN BHD) 2. ) TEE TUAN LEONG
Catchwords
1. To a lay observer, the present dispute may appear to present a scenario where the borrower not only retains the benefit of the loan but also seeks to profit from it, a situation akin to having the cake, eating it, and being paid for doing so. 2. However, public perception or appearances notwithstanding, this Court is duty-bound to determine the present appeal strictly in accordance with the applicable legal framework, namely, the Moneylenders Act 1951, if applicable, and the relevant case law authorities. The Core Issues 3. The essential issues for consideration in this appeal are: (a) Whether the Appellant/Plaintiff is entitled to recover the loan that she had given to the Respondents/Defendants; (b) Whether the Respondents/Defendants are entitled to recover a sum of money that they have paid thus far as interest on the said loan from the Appellant/Plaintiff; and (c) These questions turn on the issue of whether the Moneylenders Act 1951 apply to the present appeal.
Practice Areas
Judges (1)
Judgment
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